PC 08-18-21 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Meeting Minutes
3.A.July 21, 2021 Meeting Minutes
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.CUP #06-21 for Kelrock, LLC (Sawmill & Planing Mill Type B) - (Mr.
Cheran)
Submitted to allow for a Sawmill/Planing Mill (Type B). The subject property is located
at 161 Woodchuck Lane with Property Identification Number 52-A-262B in the Back
Creek Magisterial District.
7.Other
7.A.Current Planning Applications
8.Adjourn
AGENDA
PLANNING COMMISSION
WEDNESDAY, AUGUST 18, 2021
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC08-18-21MinutesJuly21.pdf
PC08-18-21CUP06-21_Redacted.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: August 18, 2021
Agenda Section: Meeting Minutes
Title: July 21, 2021 Meeting Minutes
Attachments:
PC08-18-21MinutesJuly21.pdf
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Frederick County Planning Commission Page 3836
Minutes of July 21, 2021
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on July 21, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; H.
Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek
District; John F. Jewell, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson,
Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Roderick
B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the July 21, 2021 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to
join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the June 2, 2021 and June 16, 2021
meetings.
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Frederick County Planning Commission Page 3837
Minutes of July 21, 2021
COMMITTEES
Comprehensive Plans & Programs Committee – Mtg. 07/12/21
Chairman Kenney reported the Committee reviewed the Plan (Draft Section Part 4,
Section III) Business Development and Section IV Public Facilities. They also discussed a
Comprehensive Plan Amendment request #01-21 for Russell-Smith Properties.
Transportation Committee – Mtg. 06/28/21
Commissioner Oates reported the Committee reviewed the Transportation section of the
Comprehensive Plan Update and made a few revisions to the mapping. An update on County projects
was also discussed.
Development Review and Regulations Committee – Mtg. 06/24/21
Commissioner Oates reported the Committee discussed the two Ordinance Amendments
that are on the agenda for tonight’s meeting.
City of Winchester – Mtg. 06/20/21
Commissioner David Ray, Winchester City Planning Commission Liaison, reported the
Commission discussed the following: A CUP for Cameron Square; A CUP for short-term rental N.
Pleasant Valley Road; A CUP for outdoor entertainment N. Cameron Street; A preliminary major
subdivision at West Tevis Street; A final approval for a subdivision at West Tevis Street .
CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Kenney closed the public comments portion of the meeting.
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INFORMATION/DISCUSSION
Ordinance Amendment for Opaque Fencing Requirements (Waiver) – to modify requirements for
“opaque fence” to allow chain link fence with slats to satisfy screening requirements for certain
uses and to fulfill zoning district buffer screening requirements wh ere a waiver may be granted by
the Board of Supervisors.
M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to allow for double-walled winged slats and chain-link fence to satisfy
the opaque fence requirement for zoning district buffers through a waiver if granted by the Board of
Supervisors. The proposed amendment would also allow chain-link fence with slats for certain uses
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Frederick County Planning Commission Page 3838
Minutes of July 21, 2021
without a waiver in the County’s business and industrial districts. He noted, to be eligible for a zoning
district buffer waiver, the applicant/owner/developer making such a request must have written consent
from the adjoining (affected) property owners to proceed. Mr. Klein shared photos of slat examples. He
continued, the Board of Supervisors at their May 12, 2021 meeting sent the ordinance amendment to
modify requirements for opaque fencing back to committee for further revisions. Specifically, the Board
directed staff to amend the text to allow for the utilization of chain-link fencing with slats for zoning
district buffers through a Board of Supervisors waiver.
Mr. Klein reported, the Zoning Ordinance definition for an opaque fence specifies: “a
fence that is constructed to visually obscure structures, outdoor storage areas, and other uses. A chain-
link fence with slats shall not constitute an opaque fence.” The opaque fence requirement is also
referenced in other sections of the Zoning Ordinance including:
• §165-201.10 Outdoor storage and processing
• §165-203.02 Buffer and screening requirements
• §165-204.11 Landfills, junkyards, trash disposal, and inoperable vehicles
(dumpster enclosures)
• §165-204.12 Motor vehicle uses, automotive repair shops, and public garages
• §165-204.18 Storage facilities, self-service
Mr. Klein explained, in satisfying the requirements for an opaque fence in the noted
sections, a 6 foot tall board-on-board fence, hedge, wall, or a berm is typically required. He continued,
for outdoor storage areas in business and industrial districts, chain link is typically the preferred type of
fence for security. For zoning district buffers and residential separation buffers, an opaque element is
required to screen differing land uses and housing types on adjoining properties; the elements fulfilling
the requirements for a “full screen” buffer are landscape plantings, plus a 6 foot tall opaque wall, fence,
hedge, or berm. Mr. Klein shared the history of this amendment: the DRRC discussed this item at th eir
regular meeting on June 24, 2021; the DRRC did express concern with requiring a waiver to go before the
Board of Supervisors when the consent of neighboring (affected) property owners had already provided in
writing; the DRRC suggested a waiver by the Zoning Administrator may be a more appropriate option;
the DRRC did support the use of chain-link fence with slats to satisfy opaque fence requirements for
certain uses in the County’s business and industrial districts.
This item was forwarded to the Board of Supervisors with a favorable consensus.
Ordinance Amendment for Master Development Plans (Approval Process) -a request to remove
public meeting requirements/presentation to the Planning Commission and the Board of
Supervisors for MDP.
M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to modify the application and review process for Master Development
Plans (MDP) prior to the plans being administratively approved. He continued, currently MDPs must be
reviewed as informational items by the Planning Commission and the Board of Supervisors prior to their
approval; no action is taken by the Planning Commission or the Board of Supervisors as the plans meet
all County ordinance requirements. Mr. Klein explained, MDP’s are typically required after a rezoning is
approved by the Board of Supervisors and before a site plan or subdivision design plan may be submitted
for administrative review/approval by the Zoning Administrators . He noted, MDP’s outline the basic
layout of a project, including roadways, access, buffers, and open space; more specific details of the site,
including lot layouts and grading are handled at the site or subdivision design plan stage.
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Frederick County Planning Commission Page 3839
Minutes of July 21, 2021
Mr. Klein reported, MDP’s have been a requirement in Frederick County since the
adoption of the 1973 Zoning Ordinance. Previously MDP’s required Planning Commission and Board of
Supervisors approval; however, in the early 2000’s requirements changed to presentation to the Planning
Commission and the Board of Supervisors for information only. He noted, the Code of Virginia does not
specify a requirement for localities to require MDP’s prior to site plan/subdivision design plan
submissions or public notices for items other than rezoning’s and/or changes to the official zoning map.
Mr. Klein continued, the proposed ordinance amendment removes the requirement that Master
Development Plans be presented to the Planning Commission and the Board of Supervisors at a public
meeting as an information item prior to administrative approval. With the proposed amendment, when
MDP’s are administratively approvable (i.e., plans are in conformance with the requirements of the Code
of Frederick County and have been approved by all applicable agencies such as Frederick Water and/or
VDOT), the MDP would proceed directly for signature (approval) by the Planning Director and the
County Administrator. Mr. Klein continued, in regard to public availability of project materials under
this proposed amendment, Planning and Development staff has created a dedicated “Current Projects”
page on the department website with information on current land use applications, including MDPs,
which is easily accessible to the public. Additionally, Staff has provided a link to the new web page
under the “Other” section for each Planning Commission agenda which lists all current and recently
approved applications, including those that are administratively reviewed/approved. He noted, public
meeting agendas are available on the County’s homepage prior to each meeting. Mr. Klein shared a
visual of the webpage. He concluded, the DRRC discussed this item at their regular meeting on June 24,
2021; it was noted in their comments that in lieu of presentations to the Planning Commission and the
Board of Supervisors, Planning and Development Staff should make projects easily accessible to the
public for review and provide a report to the Planning Commission on pending land use applications,
including MDPs.
This item was forwarded to the Board of Supervisors with a favorable consensus.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Manuel to adjourn the meeting. This motion was seconded by Commissioner Jewell and unanimously
passed. The meeting adjourned at 7:20 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
___________________________
Roderick B. Williams, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: August 18, 2021
Agenda Section: Public Hearings
Title: CUP #06-21 for Kelrock, LLC (Sawmill & Planing Mill Type B) - (Mr. Cheran)
Attachments:
PC08-18-21CUP06-21_Redacted.pdf
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CONDITIONAL USE PERMIT #06-21
Kelrock, LLC-Sawmill/Planing Mill (Type B)
Staff Report for the Planning Commission
Prepared: August 6, 2021
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 08/18/21 Pending
Board of Supervisors: 09/08/21 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to establish a Sawmill/Planing Mill (Type
B) at 161 Woodchuck Lane, Winchester, in the Back Creek Magisterial District. The subject
property is zoned RA (Rural Areas) Zoning District. Should the Planning Commission find this
use to be appropriate, Staff would recommend the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all
improvements completed prior to the establishment of the use.
3. All milling operations shall occur within the existing enclosed structure on the property, and
no outdoor storage shall be permitted.
4. All deliveries of materials shall occur solely from Round Hill Road through PIN 52 -A-267;
no deliveries shall occur via Woodchuck Lane.
5. One non-illuminated freestanding monument business sign shall be allowed with this
Conditional Use Permit. Signage shall not exceed twenty (20) square feet in area and ten
(10) feet in height.
6. Hours of operation shall be limited to 8 a.m. to 6 p.m., seven (7) days a week.
7. No more than six (6) employees shall be permitted with this use.
8. Conditional Use Permit #19-04 shall be void upon approval of this Conditional Use Permit.
9. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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Page 2
CUP #06-21, Kelrock, LLC
August 6, 2021
LOCATION: The subject property is located at 161 Woodchuck Lane, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-262B
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Public Garage (CUP#19-04)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Sawmill
West: RA (Rural Areas) Use: Residential
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to allow for a
Sawmill/Planing Mill (Type B).
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property (161 Woodchuck Lane) appears to have little measurable impact on Route 654
(Woodchuck Lane), the VDOT facility providing access to the property. Existing entrance, on
Route 654 appears adequate for the proposed CUP. Should the use ever expand in the future, the
entrance will need to be reviewed, to determine if additional improvement may be required.
Please see the Lloyd Ingram, VDOT, comment sheet dated July 9, 2021.
Winchester-Frederick County Health Department: This office has no objections to this CUP
for the proposed uses stated on this request for comments. Please see the Jim Davis,
Environmental Health Supervisor, letter dated May 19, 2021.
Frederick County Fire Marshall: Approved
Frederick County Inspections: CUP for lumber storage and milling. Building shall comply
with The 2015 Virginia Existing Building Code Section for change of use and the Virginia
Building Code 2015/International Fire Code 2015 for wood working facilities. Other codes that
apply are ICC/ANSI A117.1-2009 Accessible and Usable Building and Facilities and the
Virginia Mechanical Code 2015.
A building permit is required. Hazardous materials shall not exceed those allowed in T307.1.1 to
prevent occupancy classification from changing to the H-Hazardous Use Group. Grinding and
milling of dust and/or dust particles shall meet the requirements of International Fire Code.
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Page 3
CUP #06-21, Kelrock, LLC
August 6, 2021
Control areas shall be detailed on the building plans if utilized.
Ventilation shall be evaluated for wood working operations. 20% ANSI Rule applies.
Please note the requirements in Chapter 17 of VBC for special inspection requirements on the
type of structure (Soils, concrete etc.) Geotech report is required.
Please see the Mark Fleet, Building Official, comment sheet dated July 8, 2021.
Planning and Zoning:
This proposed Conditional Use Permit (CUP) is for a Sawmill/Planing Mill (Type B). The
Frederick County Zoning Ordinance allows Sawmill/Planing Mills (Type B) as a conditional use
in the RA (Rural Areas) Zoning District with an approved CUP. A “Sawmill/Planing Mill (Type
B)” is defined as: A mill for sawing or processing of standing trees or their wood or timber.
This proposed use will take place on a two-acre parcel located on the eastern side of Woodchuck
Lane. The subject property is surrounded by other RA (Rural Areas) zoned property, which
includes residential uses to the north and west and the existing McFarland’s Mill to the east.
This CUP is intended enable the expansion of the McFarland’s Mill. The property contains one
existing 9,100sf structure, all milling activities are proposed to be conducted within this
structure.
The subject property currently has an approved Conditional Use Permit (CUP#19-04) for the
operation of a public garage; should this application be approved, CUP #19-04 will be void.
The Comprehensive Plan
The 2035 Comprehensive Plan is a guide for making decisions regarding land use actions. This
site is located within the limits of the Round Hill Rural Community Center as depicted in the
Round Hill Community Land Use Plan. The development pattern established within the core of
the Round Hill Rural Community Center consist of small lot residential uses along Round Hill
Road, Poorhouse Road and Woodchuck Lane. The land use plan encourages the continuation of
this residential pattern.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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52 A 262B
583ROUNDHILL RD
275WOODCHUCK LN
210WOODCHUCK LN
200WOODCHUCK LN
190WOODCHUCK LN
180WOODCHUCK LN
168WOODCHUCK LN
158WOODCHUCK LN
137WOODCHUCK LN
148WOODCHUCK LN
138WOODCHUCK LN
625ROUNDHILL RD
615ROUNDHILL RD
635ROUNDHILL RD
126WOODCHUCK LN
109WOODCHUCK LN
120WOODCHUCK LN
WOODCHUCK LNApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 20, 202 1
Round H ill
ROUND HILL RD
NORTHWESTERN PIKE
WOODCHUCK LNOLD FIREHOUSE LNMOUNT VISTA DRLIMESTONE LNNORTHWESTERN PIKE
£¤50
0 130 26065 Feet
CUP # 06 - 21: Kelrock, LLCPIN: 52 - A - 262BExpansion of McFarland SawmillZoning Map
CUP #06-21
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52 A 262B
583ROUNDHILL RD
275WOODCHUCK LN
210WOODCHUCK LN
200WOODCHUCK LN
190WOODCHUCK LN
180WOODCHUCK LN
168WOODCHUCK LN
158WOODCHUCK LN
137WOODCHUCK LN
148WOODCHUCK LN
138WOODCHUCK LN
625ROUNDHILL RD
615ROUNDHILL RD
635ROUNDHILL RD
126WOODCHUCK LN
109WOODCHUCK LN
120WOODCHUCK LN
WOODCHUCK LNApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 20, 202 1
Round H ill
ROUND HILL RD
NORTHWESTERN PIKE
WOODCHUCK LNOLD FIREHOUSE LNMOUNT VISTA DRLIMESTONE LNNORTHWESTERN PIKE
£¤50
0 130 26065 Feet
CUP # 06 - 21: Kelrock, LLCPIN: 52 - A - 262BExpansion of McFarland SawmillLocation Map
CUP #06-21
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Planning Commission
Agenda Item Detail
Meeting Date: August 18, 2021
Agenda Section: Other
Title: Current Planning Applications
Attachments:
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